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Transcript of Janda.chapter 14 challenge of democracy
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Chapter 14
THE COURTS
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Learning Outcomes
14.1 Define judicial review, explain thecircumstances under which it was established, andassess the significance of the authority it gave the
courts.14.2 Outline the organization of the U.S. courtsystem and identify the principal functions ofcourts at each tier of the system.
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14.3 Describe the process by which cases areboth accepted for review and decided by the U.S.Supreme Court and analyze the role played by
judicial restraint and judicial activism in judicialdecisions.
14.4 Explain how judges at different levels of thefederal court system are nominated and confirmedto the federal bench.
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Learning Outcomes
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Learning Outcomes
14.5 Examine the impact, influence andacceptance of decisions on issues of nationalimportance by an institution unaccountable to the
electorate.14.6 Evaluate the decision-making authority of thefederal judiciary within the context of bothmajoritarian and pluralist democracy.
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National Judicial Supremacy
One Supreme Court Defined by Section 1, Article III, of Constitution
Founders deferred to Congress the decision to create
national court system
Judiciary Act of 1789 Federal courts coexist with state courts but are
independent from them
Federal judges: lifetime appointment
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National Judicial Supremacy
Judicial Review of the Other Branches Marbury v. Madison (1803)
Established Supreme Courts power of judicial review
Power to declare congressional acts invalid if they violatethe Constitution
Subsequent cases extended powerto cover presidential acts as well
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Chief Justice John Marshall
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National Judicial Supremacy
The Exercise of Judicial Review Components of judicial review:
Power of the courts to declare national, state, & local
laws invalid Supremacy of national laws/treaties when in conflict with
state/local laws
Supreme Court is final authority on meaning of
Constitution
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The Organization of Courts
Some Court Fundamentals Criminal and Civil Cases
Government prosecutes criminal cases because crimes
are a violation of public order National penal code limited by the principle of federalism
Government can be party to civil disputes
Courts decide both criminal and Civil cases
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The Organization of Courts
Some Court Fundamentals (cont.) Procedures and Policymaking
Most cases never go to trial
Plea bargain Threat of lawsuit to exact concession
Settle Though rare, even at Supreme Court level
Abandon leave disputes unresolved
Adjudication Opinions published in novel cases
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The Organization of Courts
Some Court Fundamentals (cont.) Procedures and Policymaking
Judges make policy two ways
Common, or judgment law Statutory construction
Three tiers of federal courts organized as pyramid
Bottom: U.S. district courts where litigation begins
Middle: U.S. court of appeals Top: U.S. Supreme Court
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The Organization of Courts
The U.S. District Courts Sources of litigation U.S. district courts extend to the
following:
Federal criminal cases, defined by national law Civil cases alleging a violation of national law
Civil cases brought against U.S. government
Civil cases between citizens of different states when
amount in controversy exceeds $75,000
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The Organization of Courts
The U.S. Courts of Appeals Appellate Court Proceedings
Public
Regional courts Panel of three judges
Precedents and Making Decisions
Written judgment of appellate courts serve as precedent
for subsequent cases Judges make public policy to the extent that they can
influence decisions in other courts
Stare decisis
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The Supreme Court
Supreme Court strives to achieve justbalance among values of freedom, order, andequality
Values came into conflict in two controversialissues Desecration of the flag
School desegregation - Brown v. Board of Education
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The Supreme Court, 2011 Term: The Lineup
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The Supreme Court
Access to the Court Courts cases come from two sources:
Original jurisdiction
Appellate jurisdiction Litigants in state cases must satisfy two conditions
Must have exhausted appeals in state system
Case must raise a federal question
Rule of four
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The Supreme Court
The Solicitor General Represents national government before Court
Appointed by president 3rd-ranking position inDepartment of Justice
Duties: Determining whether to appeal a lower courts decision
Reviewing and modifying briefs for appeals
Deciding whether or not to file amicus curiae briefs in any
appellate court
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The Supreme Court
Decision Making Courts grant review
Attorneys submit written briefs
Oral arguments, limited to 30 minutes per side Oral arguments released on website
Justices meet in conference
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The Supreme Court
Decision Making Judicial Restraint and Judicial Activism
Judicial restraint
Defer to decisions of elected branches of government Elected representatives should make the laws
Judicial activism
Judges should not defer to the elected branches but shoulduse their judicial power to promote the judgespreferred
social and political goals
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Welcome to the Club!
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The Supreme Court
Decision Making Judgment and Argument
Judgment Votes remain tentative until Court issues an
opinion announcing its judgment Argument
Concurrence
Dissent
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The Supreme Court
Decision Making The Opinion
Chief justice or most senior justice in majority decideswhich justice writes majority opinion
Draft opinion circulated among justices for criticisms andsuggestions
Public respect of court tested when court ventures intocontroversial areas
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The Supreme Court
The Chief Justice Important functions
Forms docket
Directs Courts conferences Social, intellectual and policy leadership
Control discussion of issues
Communicate
By memoranda, not e-mail
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Judicial Recruitment
The Appointment of Federal Judges No formal requirements for appointment
President nominates, Senate must confirm
Appointments likely to serve presidents administration,provide political legacy
Congress sets compensation
Appointments for life
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Judicial Recruitment
The Appointment of Federal Judges The Advice and Consentof the Senate
District and Appeals Court vacancies
Judicial Selection Committee consults with home statesenators from which appointment will be made
Senatorial courtesy
Senate Judiciary Committee reviews each judicial nomineeand conducts a hearing
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Judicial Recruitment
The Appointment of Federal Judges The American Bar Association
Screens candidates for the federal bench
Well qualified Qualified
Not qualified
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Judicial Recruitment
Recent Presidents and the Federal Judiciary Since President Carter, more diverse appointments
Under Clinton, women or minorities more than half
appointments Political Ideology at heart of judicial appointments
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Judicial Recruitment
Appointment to the Supreme Court Vacancy announced
President makes nomination
Senate confirms Since 1900, six appointments failed to be confirmed by
Senate
Most nominees have prior judicial experience Tendency for promotion from within judiciary
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C f
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The Consequences of
Judicial Decisions
Supreme Court Rulings: Implementation andImpact Decisions are implemented by others
Decisions have far-reaching implications beyond thecase itself
Roe v. Wade
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Th C f J di i l
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The Consequences of Judicial
Decisions
Public Opinion and the Supreme Court Policies coming from Supreme Court are generally in
line with public ideology
In 2009, 6 in 10 Americans were likely to approve ofSupreme Courts job
By 2012, public approval rating had fallen to 44percent
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The Courts and
Models of Democracy
Majoritarian model Courts adhere to letter of law and defer changes to
elected representatives
Pluralist model Courts are policymaking branch of government
Class action suits
Rulings have broader impact than other types
State court rulings can be based on either federal law,state law, or both
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The Courts and
Models of Democracy
Supreme Court moving in conservativedirection Some states have become havens for liberal values
Judges pay attention to views of other courtsand not just those above them
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